ch 16: Writing Requirement Flashcards

1
Q

statute of frauds

A

prevents harm against innocent parties by requiring written evidence of agreements

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2
Q

Contracts that must be in writing under the statute of frauds

A

Marriage contracts, A contract that can’t be performed within a year, contracts which involve interests in land, executor’s contracts, contracts for the sale of goods worth over $500, surety (guarantor) contracts

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3
Q

Contracts that involve interests in land exception

A

if people can prove perpetual payments

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4
Q

Contract for sale of goods worth over $500 exception

A

specially manufactured goods
ex- sorority mugs

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5
Q

An act for the prevention of frauds and perjuries

A

Passed in 1677 England helping the lower classes of people because status heavily influenced jury decisions

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6
Q

surety contracts

A

guarantor stands for he debt of a 3rd party (leases)

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7
Q

collateral promise

A

promise to answer debt for another (surety and executor) have to be in writing

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8
Q

sufficiency of writing

A

any writing where judge can determine what the contract was
Has to have the signature of party being asked to perform

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9
Q

parole evidence rule

A

oral representations made prior to contracts formation may not be admitted in court
exception are voidable contracts like contracts accepted under duress

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